Keberadaan Hak Ulayat Di Kabupaten Simalungun

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The ulayat right existence is necessary to have a proportional thinking, because the ulayat right problem has had some polemical and between a write with another take a contradiction about, what is the ulayat right proper to be preserved, let increased naturally or be effort wipe out automaticallyJ'MNA No. 5/1 999 is used ifuout land law especially the ulayat right for see about:
- is ulayat right still exist, who are the subjects, what are the objects and how the limits in the regency of Simalungun;
- how are the rules using, assign and its transition;
- how to solve if there is a dispute in the regency of Simalungun.
The research was done several areas of the kingdom areas like Pematang Purba, Pematang Raya and Pematang Siantar. The samples were chosen by random sampling method, they have be chosen 3 (three) districts before, while villages samples are 15 (fifteen) or 10 (ten) percent of area samples. The respondents were chosen by purposive sampling that is every respondent was chosen purposively.
The research result show that ulayat right existence in Regency of Simalungun is still thing be signed with right object like juma na bolak, sawah na bolak in the district of Purba, bong-bongan sahuta in Haranggaol, tapian in Pematang Raya, but the standart criteria of the ulayat right existence must have 3 categories; there are subject, object and the adat law, only one of the categories does not fulfilled that means is not ulayat right. The condition to be called "adat law community" one of that is "penghulu" (head of adat). This is not known any more in the Simalungnn community. The ulayat right closely related with the social structure that based on genealogic territorial. The territorial factor is called more dominant because "Simalungunese" if met each, of course ask parjadoham (where do you come from, ask about original domicile) while genealogic can be seen in the retual programs (party) with a calling "marga".
The principal of tolu sahundulan lima saodoran, show that Simalungunese Adat law as a "living law" is still be recognized. Factually, there many organizations that on the name of the people claim the ulayat right existence (Silampunyang case), so it is better to explain a policy about the ulayat lands before, and then law making (law publishing) and law enforcement (they are done consistently and full responsibility).
Therefore is needed the future research about the ulayat right exited and for its certainty with fulfilled of the land which be registries by the local government with the local condition.